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HomeMy Public PortalAbout1999 Bus SheltersCONTRACT FOR CONSTRUCTION THIS IS A CONTRACT by and between THE VILLAGE OF KEY BISCAYNE FLORIDA municipal corporation of the State of Florida, hereinafter referred to as the Village and C D C BUILDERS INC a Honda corporation hereinafter referred to as Contractor WITNESSES that Contractor and Village for the consideration hereinafter named agree as follows ARTICLE I SCOPE OF WORK 11 Contractor hereby agrees to furnish all of the labor materials equipment services and incidental necessary to perform all of the Work described in the Contract Documents including Plans Specifications and Addenda thereto for the following Project Village of Key Biscayne Florida Construction of a PedestnanlBus Pavilion located on the southeast corner of Crandon Boulevard and East Heather Dnve 1 2 Specifically the Project consists of the following structures 1 2 1 One modified Pedestrian/Bus Pavilion approximately 130 S F ARTICLE 2 CONTRACT TIME 21 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed issued by the Village Manager s Office The work to be performed under this contract shall be commenced within ten (10) calendar days after the date specified in the Notice to Proceed The Notice to Proceed will not be issued until Contractor s submission to Village of all required documents and after execution of this Contract 2 2 Time is of the essence throughout this Contract The Work shall be substantially completed within sixty (60) calendar days from the date specified m the Notice to Proceed and completed and ready for fmal payment in accordance with Article Page 1 of 11 cl 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion 2 3 Upon failure of Contractor to substantially complete the Contract with in the specified period of time Contractor shall pay to Village the sum of Two Hundred Dollars ($200 00) for each calendar day after the time specified in Section 2 2 above for substantial Completion After Substantial Completion should Contractor fail to complete the remaining Work within the Time specified in Section 2 2 above for completion and readiness for final payment Contractor shall pay to Village the sum of Two Hundred Dollars ($200 00) for each calendar day after the time specified in Section 2 2 for completion and readiness for final payment These amounts are not penalties but are liquidated damages to Village for its inability to obtain full beneficial occupancy and use of the Project Liquidated damages are hereby fixed and agreed upon between the parties recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Village as consequence of such delay and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the contract on time 2 4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract ARTICLE 3 CONTRACT PRICE 3 1 Village shall pay to Contractor for the performance of the Contract the total lump sum of Twenty five thousand, six hundred and eighty six dollars and forty cents ($25 686 40) This price shall be full compensation for all costs including overhead and profit associated with completion of all the Work m full conformity with the requirements as stated or shown or both in the Plans and Specifications 3 2 The sum set forth m Paragraph 3 1 shall constitute the Contract Price which shall not be modified except by any Change Order issued by the Village ARTICLE 4 PROGRESS PAYMENTS 4 1 Contractor may make Application for Payment for Work completed during the Project at intervals of not more than once a month Contractor s application shall show a complete breakdown of the Project components the quantities completed and the amount due together with such supporting evidence as may be required by the Village Village shall make payment to Contractor within forty-five (45) days after approval by Village Page 2 of 11 4 2 Ten percent (10%) of all monies earned by Contractor shall be retained by Village until final Completion and acceptance by Village in accordance with Article 5 hereof Any interest earned on retamage shall accrue to the benefit of Village 4 3 When determined to be necessary by Village Village may withhold in whole or m part payment to such extent as may be necessary to protect itself from loss on account of 4 3 1 Defective Work not remedied 4 3 2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor 4 3 3 Failure of Contractor to make payments properly to Subcontractors or for material of labor 4 3 4 Damage to another contractor not remedied 4 3 5 Liquidated damages and costs incurred by Consultant for extended construction administration When the above grounds are removed or resolved or Contractor provides a Surety Bond or a consent of Surety satisfactory to Village which will protect Village in the amount withheld payment may be made m whole or m part to the Contractor ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5 1 Upon receipt of written notice from Contractor that the Work is ready for final acceptance the Village shall within ten (10) calendar days make a compliance review thereof If Village finds the Work acceptable that the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied and all conditions of the permits and regulatory agencies have been met a Final Certificate of Payment shall be issued by the Village over its signature stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof 5 2 Before issuance of the Final Certificate for Payment Contractor shall deliver to Village a complete release of all hens arising out of this Contract or receipt m full in heu thereof and an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid or a consent of the surety to final payment and the final corrected as built drawings and the final bill of materials if required and invoice Village may Page 3 of 11 withhold final payment under the same teiuis and conditions as set forth in Section 4 3 above 5 3 The acceptance by the Contractor of final payment shall constitute a waiver of all claims against the Village by the Contractor except those claims previously made and identified m writing by Contractor as unsettled at the time of the application for final payment ARTICLE 6 CONTRACT DOCUMENTS 6 1 The Contract Documents which comprise the entire agreement between the Village and the Contractor concermng the Work consist of this Contract for Construction the Drawings Plans and Specifications the Invitation for Bids the Addenda the Bid Instructions to Bidders the General and supplementary Conditions the Peiformance Bond and Payment Bond Insurance Certificates the Notice of Award the Notice to Proceed and Change Orders and any other Contract Documents not specifically listed herein which shall be considered incorporated into and made a part of this Contract by this reference and shall govern this Project 62 This document incorporates and includes all prior negotiations correspondence conversations agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments agreements or understandings concerning the subject matter of these Contract Documents that are not contained herein Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any pnor representations or agreements whether oral or written 6 3 The Contract Documents shall remain the property of the Village The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project provided however that in no event shall the Contractor use or permit to be used, any or all of such Contract Documents on other Projects without the Village s prior written authorization. ARTICLE 7 WAIVER OF JURY TRIAL Village and Contractor knowingly irrevocable voluntarily and intentionally waive any nght either may have to a trial by jury in State and or Federal court proceedings in respect to any action proceeding lawsuit or counterclaim based upon the Contract for Construction arising out of under or m connection with the Construction of the Work or any course of conduct course of dealings statements or actions or inactions of any party Page 4 of 11 ARTICLE 8 ASSIGNMENT Neither party shall assign the Contract or any sub contract in whole or in part without the written consent of the other nor shall Contractor assign anv monies due or to become due to it hereunder without the previous written consent of the Village ARTICLE 9 MISCELLANEOUS 9 Insurance Requirements 9 1 Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by Village (or for such duration as is otherwise specified hereinafter) the insurance coverages set forth 9 1 1 Workers Compensation insurance at the statutory amount to apply for all employees in compliance with the Workers Compensation Law of the State of Flonda and all applicable federal laws In addition the policy(ies) must include Employers Liability at the statutory coverages amount The Contractor shall further insure that all of its subcontractors maintain appropriate levels of worker s compensation insurance 9 1 2 Comprehensive General Liability with mimmum limits of One Milhon Dollars ($1 000 000 00) per occurrence combined single limit for Bodily Injury Liability and Propeity Damage Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability pohcy without restrictive endorsements as filed by the Insurance Services Office and must include 9 1 2 1 Premises and/or Operations 9 1 2 2 Independent Contractors 9 1 2 3 Products and/or Completed Operations Hazard 9 1 2 4 Explosion Collapse and Underground Hazard Coverages 9 1 2 5 Broad Form Property Damage 9 1 2 6 Broad Form Contractual Coverage applicable to this specific Contract including any hold harmless and/or indemnification agreement 9 1 2 7 Personal Injury Coverage with Employee and Contractual Page 5of11 Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability 9 1 2 8 Village is to be expressly included as an Additional Insured on the above referenced Policies 9 1 3 Business Automobile Liability with minimum limits of One Milhon Dollars ($1 000 000 00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy without restrictive endorsements as filed by the Insurance Services Office and must include 9 1 3 1 Owned Vehicles 9 1 3 2 Hired and Non Owned Vehicles 9 1 3 3 Employers Non Ownership 9 1 4 Builder s Risk Insurance The coverage shall be All Risk coverage for 100 percent of the completed value covering the Village as a named insured with a deductible of not more than Five Thousand Dollars ($5 000 00) per claim and the Contractor specifically agrees to pay all deductibles The Policy must be endorsed to provide that the Builder s Risk coverage will continue to apply until final acceptance of the Project by Village 9 1 5 The Contractor shall either require each of it s Subcontractors to procure and to maintain Subcontractor s Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the same amounts specified above or insure the activities of it s Subcontractors in the Contractor s own policies 9 1 6 If the initial insurance expires prior to the completion of the Work renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration 9 1 7 Notice of Cancellation and/or Restriction The Policy(ies) must be endorsed to provide the Village with at least thirty (30) days notice of cancellation and/or restriction 91 8 Contractor shall furnish to the Village Certificates of Insurance or endorsements evidencing the insurance coverage specified above within ten (10) calendar days after Notification of Award of the Contract The required Certificates of Insurance shall name the types of policies provided refer specifically to this Contract and state that such insurance is as required by this Contract Page 6 of 11 9 1 9 All deductibles must be declared by Contractor and must be approved by the Village 9 2 Village s Right To Termmate Contract 9 2 1 If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work or shall perform the Work unsuitably or cause it to be rejected as defective and unsuitable or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any matenal term set forth in the Contract Documents or if Contractor shall become Insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency or shall make an assignment tor the benefit of creditors or from any other cause whatsoever shall not carry on the Work in an acceptable manner Village may upon seven (7) days written Notice of Termination terminate the services of Contractor exclude Contractor from the Protect site and take the prosecution of the Work out of the hands of Contractor and appropnate of use any or all materials and equipment on the Project site as may be suitable and acceptable and may finish the Work by whatever methods it may deem expedient In such case Contractor shall not be entitled to receive any further payment until the Project is completed All damages costs and charges incurred by Village together with the costs of completing the Project, shall be deducted from any monies due or which incurred by Village shall exceed the unpaid balance then Contractor shall be liable and shall pay to Village the amount of said excess 9 3 Contractor to Check Plans Specifications and Data Contractor shall verify all dimensions quantities and details shown on the plans specifications or other data received from Consultant and shall notify Consultants in wasting of all errors omissions and discrepancies found therein within three (3) calendar days of discovery and Consultant will promptly review the same Any Work done after such discovery but pnor to written authorization of the Consultant, will be done at the Contractors sole risk 9 4 Contractor s Responsibility for Damages and Accidents 9 4 1 Contractor shall accept full responsibility for the Work against all loss of damage of any nature sustained until final acceptance by Village and shall promptly repair any damage done from any cause 9 4 2 Contractor shall be responsible for all materials equipment and supphes pertaining to the Project In the event any such materials equipment and supplies are Page 7of11 lost stolen damages or destroyed prior to final acceptance by Village Contractor shall replace same without cost to Village 95 Defective Work/Guarantee 9 5 1 Village shall have the authority to reject or disapprove Work which the Village fords to be defective If required by the Village Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non defect's e Work Contractor shall bear all direct indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel 9 5 2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant Village shall have the authority to cause the defective Work to be removed or corrected or make such repairs as may be necessary at Contractor s expense Any expense incurred by Village in making such removals corrections or repairs shall be paid for out of any monies due or which may become due to Contractor In the event of failure of Contractor to make all necessary repairs promptly and fully Village may declare Contractor in default 9 5 3 The Contractor shall unconditionally guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion If within one(1) year after the date of substantial completion any of the Work is found to be defective or not in accordance with the Contract Documents Contractor after receipt of written notice from the Village shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village Nothing contamed herein shall be construed to establish a penod of limitation with respect to any other obligation which Contractor might have under the Contract Documents mcludmg but not limited to any claim regarding latent defects 954 Failure to reject any defective Work or material shall not m any way prevent later rejection when such defect is discovered 96 Legal Restrictions and Traffic Provisions Contractor shall conform to and obey all applicable laws regulations or ordinances with regard to labor employed hours of Work and Contractor s general operations Contractor shall conduct its operations so as not to interfere with or close any thoroughfare without the written consent of the proper authorities 97 No Damages for Delay No claim for damages or any claim other than for an extension of time shall be made or asserted against Village by reason of any delays Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village Page8ofll for direct indirect consequential impact or other costs expenses or damages including but not limited to costs of acceleration or inefficiency arising because of delay disruption, interference or hindrance be reasonable or unreasonable foreseeable or unforeseeable or avoidable or unavoidable Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay 9 8 Safety and Protection 9 8 1 Contractor shall be solely responsible for initiating maintaining and supervising all safety precautions and programs rn connection with the Project Village or Consultant s observation and reporting of unsafe conditions shall not relieve the Contractor of this sole responsibility Contractor shall take all necessary protection to prevent damage injury or loss to 9 8 1 1 All employees on the Work and other persons who may be affected thereby 9 8 1 2 All the Work and all materials or equipment to be incorporated therein whether m storage on or off the Project site and 9 8 1 3 Other property at the Project site or adjacent thereof including trees shrubs lawns walks pavements roadways existing buildings structures and utilities not designated for removal relocation or replacement in the course of construction 9 8 1 4 Contractor shall comply with all applicable laws ordinances rules regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage injury or loss and shall erect and maintain all necessary safeguards for such safety and protection Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them All damage injury or loss to any property caused directly or mdirectly in whole or in part by Conti actor any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them any be liable shall be remedied by Contractor Contractor s duties and responsibilities for the safely and protection of the Work shall continue until such time as all the Work is completed 9 8 1 5 Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents This person shall be Contractor s superintendent unless otherwise designated in wntmg by Contractor to Village 9 9 Exemption From Payment And Performance Bond 9 9 1 As authorized by Section 255 05 (1)(a) this Project is exempt from posting of a payment and performance bond Page 9of11 9 10 Indemnification 9 1 0 1 In consideration of the separate sum agreed to be paid by Village of twenty five dollars ($25 00) payable upon processing by Village of Contractor s first invoice the Contractor shall indemnify an save harmless the Village its officers agents claims damages costs losses and expenses including attorney s fees from or on account on any injuries or damages received or sustained by any person persons or property during or on account of any operations connected with the construction of this Project including the warranty penod or by or in consequence of any negligent acts of Contractor or its subcontractors agents servants or employees excluding that ansmg from the sole negligence of Village or Consultant m connection with the same from or on account of any act or omission of Contractor or its subcontractors agents servants or employees 9 10 2 Contactor agrees to indemnify and save harmless Village its officers agents and employees and Consultant from any and all such claims and fees and from any and all suits and actions of every name and description that may be brought against Village its officers agents and employees or Consultant on account of any claims fees royalties or costs for any invention or patent and from any and all suits and actions that may be brought against Village its officers agents and employees or Consultant for the infringement of any and all patents or patent rights claimed by any person firm or corporation 9 10 3 Contractor further agrees to indemnify and save harmless Village its officers agents and employees and Consultant for or on account of any injuries or damages received or sustained by any person or persons resulting from any construction defects 9 10 4 These indemnification provisions shall survive the term of this Contract 9 10 5 In the event that any action or proceeding is brought against Village or Consultant by reason of any such claim or demand Contractor upon written notice from Village shall defend such action or proceeding by counsel satisfactory to Village The mdemmfication provided above shall obligate Contractor to defend at its own expense or to provide for such defense at Village s option any and all claims of liability and all suits and actions of every name and description that may be brought against Village or Consultant, excluding only those which allege that the injuries arose out of the sole negligence of Village or Consultant, which allege that the injuries arose out of the sole negligence of Village or Consultant which may result from the operations and activities under this Contract whether the construction operations be performed by Contractor its subcontractors or by anyone directly or indirectly employed by either 9 11 Public Entity Crimes Affidavit Page 10 of 11 9 11 1 Contractor shall comply with Section 287 133 Florida Statues (Public Entity Cnmes Statue) notification of which is hereby incorporated herein by reference including execution of any required affidavit 9 12 Capitalized Terms 9 12 1 Capitalized terms shall have their plain meaning as indicated herein 9 13 Independent Contractor The Contractor is an independent contractor under the Contract Services provided by the Contractor and not as officers employees or agents of the Village Personnel policies tax responsibilities social security and health insurance employee benefits purchasing policies and other similar administrative procedures applicable to services rendered under the Contract shall be those of the Contractor IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the Respective dates under each signature VILLAGE OF KEY BISCAYNE FLORIDA signing by and through its Village Manager authorized to execute same by Council action on the 17th day of November and C D C BUILDERS INC signmg by and through Jose Ortega duly authorized to execute same ATTEST F A Clerk This d day of CONTRACTOR MUST EXECUTE CORPORATION FORMAT AS APPLICABLE Al TEST '(Sec ry) `tom '€orJsorate Seal) BY This 23.`'--4 day of April 1999 VILLAGE OF KEY BISCAYNE illage Manger TRACT AS INDICATED BELOW USE CTOR UILDERS INC ignature and Title) Jose A Ortega, President (Type Name/Title signed above) Page 11 of 11 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By VILLAGE ATTORNEY Page 12 of 11